The things in GRAY can't solved using a law in BLACK and WHITE.
GRAY areas in society are never resolved by LAW.
But they are resolved using the tactics of education, enlightenment and culture only.
Kanoon banake kisine traffic rules follow kiye hai kya?
When people realised that it's good for them only, then only people (by and large) started following it.
In case of Dowry ec, the culture isn't changed much. and if discretionary powers are removed from police/judges etc then it is going to create even more havoc!!!
(When wet wood burns with dry wood) Should we call it a Misuse of discretionary powers? I think we should sustain it as a mature people, because we know it is being used in wrong caces and we feels that we are innocent but still feeling harrased.
But this is happening at many places in our lives and we have already come to terms to accept it and stopped showing resistance to such things and accepted it as a'practical world'
Corruption :- Does any one seen fighting against it now a days? NO ...because people want others to fight against it. If IT people etc. would start enforcing ZERO tolerance, then people would forget 498a an DV and and it would look very minder laws in comparison to other laws.
Then why can't we accept it as a 'fate' in case of DV and 498a DP acts also? Here, a wife is challenging and making to 'bite the duct' is the real area of problem because of EGO.
If we shed the resistance to it and don't show that we have been shattered and shaken from the harrasement from it, other party is going to get surprised!!!! and won't induge into such things.
It needs to just remind them(other party) of the aftermath that you are goig to be there even after once the ordeal gets through , and the other party is still going to carry the sticker of "mischivous/oppressor and fake victim" and this tag is going to haunt them the rest of the life.
So your work doesn't stop at the end of the trial...NO.....It continues until the other party makes an apology that 'other party erred' and accepts it Don't allow them to settle the dust but do it in 'gandhi-giri' manner.
If you buckle and give up, then other party is going to cry faul that "YOU got scared of the punishment and hence resorted to compromise" .....Don't let that happen ever and don't allow the other party an another chance to ruin the life of one more male in future. Don't let them get away and show the tenacity to defend it.
Society has't woken completely to the plight of "mischivous/oppressor and fake female victims"
But by and large the laws made are for good and as a deterrant.
But Why the discretionary powers were conferred in the first place?
Answer: without the discretionary powers the laws were really ineffective in terms of evidence gathering and bringing the culprits (dowry, 498a cruelty, burning of daughter-in-laws and torture for money) to books.
But instead of learning from t as a deterrant, people have started to find workarounds for these laws also.